CTFR 18/147,726 CTFR 80373 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim (s) 1-3, 5-8, 11-13, 16-18 and 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitzpatrick, III et al. (US 20230112398 A1; hereinafter “FITZPATRICK”) in view of Gossain et al. (US 2016/0381476 A1, hereinafter "Gossain") . Regarding claim 1 , FITZPATRICK teaches an apparatus for controlling output of media content (see FITZPATRICK, fig. 7, wearable 760), the apparatus comprising: interface circuitry (see FITZPATRICK, fig. 7, 752, PAN interface) configured to receive input data at least indicating a current state of a radio connection of a wearable device (see FITZPATRICK, fig. 9, 902, para. [0308], PAN audio content) and a respective proximity of the wearable device to one or more playback-capable devices (see FITZPATRICK, fig. 9, 904, para. [0310], RSSI), the radio connection being used to transfer the media content (see FITZPATRICK, fig. 9, 902, para. [0308]); and processing circuitry configured to: determine, based on the input data including the respective proximity, one or more of the wearable device and the one or more playback-capable devices for output of the media content (see FITZPATRICK, fig. 9, 904, para. [0310]); and generate, based on the determination, output data for controlling the output of the media content (see FITZPATRICK, para. [0279], playback time offset). FITZPATRICK is silent to teaching that wherein the current state of the radio connection comprises a packet error statistic of the transfer of the media content via the radio connection, and the input data including the packet error statistic. In the same field of endeavor, Gossain teaches a device wherein the current state of the radio connection comprises a packet error statistic of the transfer of the media content via the radio connection, and the input data including the packet error statistic (Gossain, [0130]: the wireless interface performance metric may include a packet error rate (PER), in which a lower error rate may indicate a higher wireless interface performance of the device; the wireless interface performance metric of the device may include both RSSI and PER; the network performance metrics comprise a first PER corresponding to the network interface of the first media device and a second PER corresponding to the second media device). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless signal quality metrics used in Fitzpatrick's wearable-to-playback-device switching decision to include a packet error statistic (PER) as taught by Gossain. One of ordinary skill in the art would have been motivated to do so because Fitzpatrick already contemplates using "one or more of signal strength, noise, signal-to-noise ratio, or any other wireless signal quality metric" ([0272]) for the switching decision, and Gossain teaches that PER is a well-known wireless interface performance metric that indicates the reliability of a wireless communication link ([0130]). Incorporating PER would improve the accuracy of the switching decision by providing a direct measure of the quality of media content transfer over the radio connection, complementing the RSSI-based proximity information already used by Fitzpatrick. Regarding claim 2 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the processing circuitry is configured to dynamically determine the one or more of the wearable device and the one or more playback-capable devices for output of the media content based on the respective proximity of the wearable device to the one or more playback-capable devices (see FITZPATRICK, fig. 9, 904, para. [0310]). Regarding claim 3 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the processing circuitry is configured to compare the respective proximity of the wearable device to the one or more playback-capable devices to at least one corresponding threshold, and to determine, based on the comparison, via which of the wearable device and the one or more playback-capable devices the media content is to be output (see FITZPATRICK, para. [0274]). Regarding claim 5 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the current state of the radio connection indicates whether at least part of the media content is currently output via a first one of the playback-capable devices (see FITZPATRICK, fig. 9, 902, para. [0038]), wherein the processing circuitry is configured to determine, based on the input data, whether the output of at least part of the media content is to be switched to a second one of the playback-capable devices (see FITZPATRICK, fig. 9, 904, para. [0310]). Regarding claim 6 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the processing circuitry is configured to determine, based on the input data, movement of the wearable device relative to the one or more playback-capable devices, and to determine, based on the movement, the one or more of the wearable device and the one or more playback-capable devices for output of the media content (see FITZPATRICK, fig. 7, para. [0273]). Regarding claim 7 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the processing circuitry is configured to determine, based on the input data, whether the wearable device is moving away from a first one of the playback-capable devices and moving in closer proximity to a second one of the playback-capable devices, and to determine the output of at least part of the media content via the second one of the playback-capable devices being in closer proximity (see FITZPATRICK, fig. 7, para. [0273], fig. 9, 904, para. [0309-10]). Regarding claim 8 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the current state of the radio connection further indicates the wearable device being radio connected to a first one of the playback-capable devices, and the processing circuitry is configured to determine the output of at least part of the media content via a second one of the playback-capable devices if a distance of the wearable device to the first one of the playback-capable devices exceeds a threshold indicating a boundary of the radio connection (see FITZPATRICK, fig. 7, 732, 734, para. [0274]). Regarding claim 11 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the input data further indicates a respective capability of the one or more playback-capable devices, and the processing circuitry is configured to determine, based on the respective capability, the output of at least part of the media content via at least one of the playback-capable devices (see FITZPATRICK, fig. 9, 902, PAN audio, 752). Regarding claim 12 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 11, wherein the capability of the one or more playback-capable devices is indicated by information about at least one of a device type, a connection signal quality, a battery status, and a type of media supported (see FITZPATRICK, para. [0272,274], signal quality). Regarding claim 13 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1, wherein the processing circuitry is configured to determine a contextual behavior of a user of the wearable device and to determine, based on the contextual behavior of the user, the output of at least part of the media content via at least one of the playback-capable devices (see FITZPATRICK, fig. 1A, para. [0045], fig. 7, moving within several rooms, para. [0045]). Regarding claim 16 , the combination of FITZPATRICK and Gossain teaches a system (see FITZPATRICK, fig. 9), comprising: an apparatus for controlling output of media content according to claim 1 (see FITZPATRICK, fig. 9, para. [0307]); a wearable device configured to establish a radio connection (see FITZPATRICK, fig. 7, headset 760, 752); and one or more playback-capable devices capable of outputting at least part of the media content (see FITZPATRICK, fig. 7, 702,704,706); wherein the apparatus is coupled to the wearable device and to at least one of the playback-capable devices to receive input data therefrom and to provide output data thereto (see FITZPATRICK, fig. 7, coordinator 702, headset 760). Regarding claim 17 , the combination of FITZPATRICK and Gossain teaches the system of claim 16, wherein the wearable device is configured to collect information of a respective proximity of the wearable device to the one or more playback-capable devices and to provide this information as input data to the apparatus (see FITZPATRICK, fig. 9, 904, para. [0310]). Regarding claim 18 , the combination of FITZPATRICK and Gossain teaches the system of claim 16, wherein the wearable device is configured for establishing the radio connection to at least one of the playback-capable devices to provide, via the radio connection, input data at least indicating a respective proximity of the wearable device to the one or more playback-capable devices to the apparatus (see FITZPATRICK, fig. 7, 752, fig. 9, 902). Regarding claim 21 , the combination of FITZPATRICK and Gossain teaches the system of claim 16, wherein at least one of the playback-capable devices is configured to peer-to-peer transfer at least part of the media to another one of the playback-capable devices (see FITZPATRICK, fig. 7, 702,704,706, audio 752, para. [0256]). Regarding claim 22 , the combination of FITZPATRICK and Gossain teaches the system of claim 16, wherein the wearable device is a headset (see FITZPATRICK, fig. 7, headset 760). Regarding claim 23 , the combination of FITZPATRICK and Gossain teaches the system of claim 16, wherein the wearable device is configured to establish the radio connection via Bluetooth (see FITZPATRICK, para. [0257]). Regarding claim 24 , FITZPATRICK teaches a method for controlling output of media content (see FITZPATRICK, fig. 7), comprising: receiving input data at least indicating a current state of a radio connection of a wearable device (see FITZPATRICK, fig. 7, 752, fig. 9, 902, first PAN, para. [0308]) and a respective proximity of the wearable device to one or more playback-capable devices (see FITZPATRICK, fig. 9, 904, para. [0310], RSSI), the radio connection being used to transfer the media content (see FITZPATRICK, para. [0308]); determining, based on the input data including the respective proximity, one or more of the wearable device and the one or more playback-capable devices for output of the media content (see FITZPATRICK, fig. 9, 904, para. [0310]); and generating, based on the determination, output data for controlling the output of the media content (see FITZPATRICK, para. [0279], playback time offset). FITZPATRICK is silent to teaching that wherein the current state of the radio connection comprises a packet error statistic of the transfer of the media content via the radio connection, and the input data including the packet error statistic. In the same field of endeavor, Gossain teaches a device wherein the current state of the radio connection comprises a packet error statistic of the transfer of the media content via the radio connection, and the input data including the packet error statistic (Gossain, [0130]: the wireless interface performance metric may include a packet error rate (PER), in which a lower error rate may indicate a higher wireless interface performance of the device; the wireless interface performance metric of the device may include both RSSI and PER; the network performance metrics comprise a first PER corresponding to the network interface of the first media device and a second PER corresponding to the second media device). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wireless signal quality metrics used in Fitzpatrick's wearable-to-playback-device switching decision to include a packet error statistic (PER) as taught by Gossain. One of ordinary skill in the art would have been motivated to do so because Fitzpatrick already contemplates using "one or more of signal strength, noise, signal-to-noise ratio, or any other wireless signal quality metric" ([0272]) for the switching decision, and Gossain teaches that PER is a well-known wireless interface performance metric that indicates the reliability of a wireless communication link ([0130]). Incorporating PER would improve the accuracy of the switching decision by providing a direct measure of the quality of media content transfer over the radio connection, complementing the RSSI-based proximity information already used by Fitzpatrick. Regarding claim 25 , the combination of FITZPATRICK and Gossain teaches the method of claim 24, further comprising dynamically determining the one or more of the wearable device and the one or more playback-capable devices for output of the media content based on the respective proximity of the wearable device to the one or more playback-capable devices (see FITZPATRICK, fig. 9, 904, para. [0310]) . 07-22-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over FITZPATRICK and Gossain as applied to claim 1 above, and further in view of Russell et al. (US 20230171298 A1; hereinafter “RUSSELL”) . Regarding claim 4 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1 The combination of FITZPATRICK and Gossain is silent to teaching that wherein the processing circuitry is configured to compute a map indicating at least one of the respective proximity of the wearable device to the one or more playback-capable devices and a respective location of the wearable device, and to determine, based on the map, via which of the wearable device and the one or more playback-capable devices the media content is to be output. In the same field of endeavor, RUSSELL teaches a device wherein the processing circuitry is configured to compute a map indicating at least one of the respective proximity of the wearable device to the one or more playback-capable devices and a respective location of the wearable device, and to determine, based on the map, via which of the wearable device and the one or more playback-capable devices the media content is to be output (see RUSSELL, fig. 1, display 160, para. [0069]). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of FITZPATRICK and Gossain with the teaching of RUSSELL in order to improve positioning accuracy and tracking (see RUSSELL, para. [0001]) . 07-22-aia AIA Claim (s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over FITZPATRICK and Gossain as applied to claim 1 above, and further in view of Luna (US 20140279889 A1; hereinafter “LUNA”) . Regarding claim 9 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1. The combination of FITZPATRICK and Gossain is silent to teaching that wherein the processing circuitry is configured to determine output of a first part of the media content via the wearable device and output of a second part of the media content via at least one of the playback-capable devices. In the same field of endeavor, LUNA teaches a device wherein the processing circuitry is configured to determine output of a first part of the media content via the wearable device (see LUNA, fig. 4B, mobile 424, prior to 428) and output of a second part of the media content via at least one of the playback-capable devices (see LUNA, fig. 4B, speaker 422, after 428, para. [0042]). Therefore, it would have been obvious to one of ordinary skill in the art combine the teaching of FITZPATRICK and Gossain with the teaching of LUNA in order to provide seamless enjoyment of media content across compatible devices (see LUNA, para. [0003]). Regarding claim 10 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1. The combination of FITZPATRICK and Gossain is silent wherein the media content comprises audio content and video content, and the processing circuitry is configured to determine output of at least one of the audio content and the video content via the at least one of the playback-capable devices and/or the wearable device. LUNA teaches a device wherein the media content comprises audio content and video content, and the processing circuitry is configured to determine output of at least one of the audio content and the video content via the at least one of the playback-capable devices and/or the wearable device (see LUNA, para. [0027]). Therefore, it would have been obvious to one of ordinary skill in the art combine the teaching of FITZPATRICK and Gossain with the teaching of LUNA in order to provide seamless enjoyment of media content across compatible devices (see LUNA, para. [0003]) . 07-22-aia AIA Claim (s) 14, 15, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over FITZPATRICK and Gossain as applied to claim s 1 and 16 above, and further in view of Luna (US 20140280450 A1; hereinafter “LUNA ‘450”) . Regarding claim 14 , the combination of FITZPATRICK and Gossain teaches the apparatus of claim 1. The combination of FITZPATRICK and Gossain is silent to teaching that wherein the output data comprises a user prompt instruction for querying whether to output at least part of the media content via at least one of the playback-capable devices. In the same field of endeavor, LUNA ‘450 teaches a device wherein the output data comprises a user prompt instruction for querying whether to output at least part of the media content via at least one of the playback-capable devices (see LUNA ‘450, para. [0064]). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of FITZPATRICK and Gossain with the teaching of LUNA ‘450 in order to allow user configuration of media content devices (see LUNA ‘450, para. [0003]). Regarding claim 15 , the combination of FITZPATRICK, Gossain and LUNA ‘450 teaches the apparatus of claim 14, wherein the interface circuitry is configured to receive user input in response to the user prompt, and the processing circuitry is configured to determine, based on the user input, whether to output at least part of the media content via the at least one of the playback-capable devices (see LUNA ‘450, para. [0064]). Regarding claim 19 , the combination of FITZPATRICK and Gossain teaches the system of claim 16. The combination of FITZPATRICK and Gossain is silent to teaching that wherein at least one of the playback-capable devices is coupled to a communication network, and the at least one of the playback-capable devices is configured to provide, via the communication network, input data at least indicating a respective proximity of the wearable device to the at least one of the playback-capable devices to the apparatus. In the same field of endeavor, LUNA ‘450 teaches a system wherein at least one of the playback-capable devices is coupled to a communication network, and the at least one of the playback-capable devices is configured to provide, via the communication network, input data at least indicating a respective proximity of the wearable device to the at least one of the playback-capable devices to the apparatus (see LUNA ‘450, fig. 17, para. [0100], hand 1700h, wifi 1570, cloud 1750). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of FITZPATRICK and Gossain with the teaching of LUNA ‘450 in order to allow user configuration of media content devices (see LUNA ‘450, para. [0003]). Regarding claim 20 , the combination of FITZPATRICK and Gossain teaches the system of claim 16, The combination of FITZPATRICK and Gossain is silent to teaching that wherein the apparatus is arranged in a cloud computing environment and coupled to at least one of the playback-capable devices via a communication network. In the same field of endeavor, LUNA ‘450 teaches a system wherein the apparatus is arranged in a cloud computing environment and coupled to at least one of the playback-capable devices via a communication network(see LUNA ‘450, fig. 17, para. [0100], hand 1700h, wifi 1570, cloud 1750). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of FITZPATRICK and Gossain with the teaching of LUNA ‘450 in order to allow user configuration of media content devices (see LUNA ‘450, para. [0003]). Response to Arguments Applicant’s arguments with respect to claim(s) 1-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEN WU HUANG whose telephone number is (571)272-7852. The examiner can normally be reached Mon-Fri 10-6. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WEN W HUANG/Primary Examiner, Art Unit 2648 Application/Control Number: 18/147,726 Page 2 Art Unit: 2648 Application/Control Number: 18/147,726 Page 3 Art Unit: 2648 Application/Control Number: 18/147,726 Page 4 Art Unit: 2648 Application/Control Number: 18/147,726 Page 5 Art Unit: 2648 Application/Control Number: 18/147,726 Page 6 Art Unit: 2648 Application/Control Number: 18/147,726 Page 7 Art Unit: 2648 Application/Control Number: 18/147,726 Page 8 Art Unit: 2648 Application/Control Number: 18/147,726 Page 9 Art Unit: 2648 Application/Control Number: 18/147,726 Page 10 Art Unit: 2648 Application/Control Number: 18/147,726 Page 11 Art Unit: 2648 Application/Control Number: 18/147,726 Page 12 Art Unit: 2648 Application/Control Number: 18/147,726 Page 13 Art Unit: 2648 Application/Control Number: 18/147,726 Page 14 Art Unit: 2648 Application/Control Number: 18/147,726 Page 15 Art Unit: 2648
